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NJ Family Legal Blog Pertinent Information As It Relates To New Jersey Family Laws

Category Archives: Practice Issues

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Divorcing from Your Spouse’s Student Loan Debt

Posted in Equitable Distribution, Practice Issues

I recently came across an article, Getting Financially Naked with Your Partner, by Erin Lowry, that got me thinking about a question that is bound to arise more and more in this practice.  Millennials, as a generation, are beset by student loan debt at the highest levels in history.  As they start marrying and, as a corollary, divorcing, a… Continue Reading

Financial Abuse: The Invisible Wounds of Domestic Violence

Posted in Domestic Violence, Practice Issues

When most people hear the horrific phrase “domestic violence”, they think only of the physical abuse or threats of physical abuse inflicted upon another; however, financial or economic abuse exists in approximately 98% of all domestic violence situations, according to the National Network to End Domestic Violence. Financial or economic abuse is defined as “making… Continue Reading

A Tale of Due Process…

Posted in Adoption, Practice Issues

Although most people are familiar with the concept of “due process” in the criminal context, we sometimes forget that due process also extends to civil litigation. “Due process” is basically the opportunity to be heard at a “meaningful time and in a meaningful manner”. Typically, whenever a litigant is seeking relief from the Court, a… Continue Reading

The Lawyer the Liar

Posted in Practice Issues

The way things have gone lately, I thought it was time to reprise this blog post, originally published in April of 2014.  It is unfortunate for the system and the litigants to have to endure the misrepresentations by people who should know better. I like a good joke as much as the next person.  That… Continue Reading

One Family, One Judge? Perhaps Not in the Context of an Act of Domestic Violence

Posted in Divorce, Domestic Violence, Practice Issues

We’ve all heard the maxim “One Family, One Judge” in the context of matrimonial matters. The underlying premise is that one judge in the Family Part should hear the entire case because that judge is intimately familiar with the facts of the case, has observed the parties and their demeanors and perhaps has made credibility… Continue Reading

Beware Legal Whack A Mole

Posted in Practice Issues

Sometimes, instead of practicing family law, it feels like we are playing a game of legal Whack A Mole.  You know what Whack A Mole is, right?  For those who don’t, it is the carnival game where the player has a mallet and has to hit the mole that pops up.  As soon as you… Continue Reading

War of the Resolutions: A Cautionary Tale

Posted in Divorce, Practice Issues

Yesterday, Eric Solotoff blogged about the phenomenon of the New Years Resolution Divorce.  It happens.  I encourage you to read that post prior to the one below because it provides some useful background on the issue: It’s the New Year. A time filled with resolutions, promises to change, and commitments to begin anew.  Your marriage… Continue Reading

“Conscious Uncoupling”: An Ode to a Mediated Divorce

Posted in Alimony, Child Support, Custody, Divorce, Equitable Distribution, Mediation/Arbitration, Practice Issues, Privacy and Confidentiality, Property Settlement Agreements

As a lover of all things Coldplay, I was sad to hear that lead singer Chris Martin and his wife of more than 10 years, Gwyneth Paltrow, were divorcing. Gwyneth Paltrow announced the separation on her website Goop.com and used the term “conscious uncoupling” to describe their approach to divorce.  Although the term had been originally… Continue Reading

Beware the Divorce Litigant Who is Watering the Money Tree With The Tears From Cries of Poverty

Posted in Alimony, Child Support, Counsel Fee Awards, Equitable Distribution, Practice Issues

Often, cases are given nicknames, sometimes by judges and law clerks, and sometimes by the attorneys.  Sometimes the nicknames come from who the people are – for instance, a case we had several years ago where both parties were models became the “model case” at the courthouse.  Sometimes, the names come from something that one or both… Continue Reading

TURKEYS, AND CHRISTMAS TREES, AND MENORAHS…OY VEY

Posted in Divorce, Practice Issues, Visitation/Parenting Time

Ah, Thanksgiving, Christmas and Hanukkah.  What many people generally consider to be the most important holidays of the year are upon us.  The time of year for being thankful, enjoying good food, football on Thanksgiving or basketball on Christmas, and celebrating with family another year gone by.  After almost eight years, this blog contains so many… Continue Reading

HALLOWEEN FAMILY LAW HORROR STORIES

Posted in Divorce, Practice Issues

Michael Myers’ favorite day of the year is upon us!  Halloween is here and for New Jersey kids that means trick or treating, trunk or treating (a very Jerseyish-type deviation), mischief night (lock up your eggs, shaving cream and toilet paper), costumes, scary stories, horror movies and more.  For me, it provides the perfect opportunity to… Continue Reading

Supreme Court of New Jersey Creates Unified Mental Health Service Provider Privilege

Posted in Custody, Practice Issues, Visitation/Parenting Time

The question of a parent’s mental health often arises in the midst of a custody dispute, with a family court judge faced with the difficult questions of whether there actually exists a mental health issue and, if so, how does it impact upon the child’s best interests under New Jersey’s custody statute.  While the “fitness… Continue Reading

Melancholy and the Infinite Sadness – Letting Your Emotions Cloud Your Judgment in Your Divorce

Posted in Divorce, Practice Issues

A recent client meeting reminded me of the iconic Smashing Pumpkins album – Melancholy and the Infinite Sadness.  In this meeting, you could just tell that the sadness and whatever other emotions the client was feeling, was clouding her thought processes and causing her to make bad if not self-destructive decisions. This is not an… Continue Reading

Back to School – Let’s Get Divorced

Posted in Divorce, Practice Issues

Every year, I blog about the New Year’s Resolution Divorce.  This phenomena, both anecdotally and statistically proven, is a good explanation for the spike in divorce filings after the beginning of the New Year.  Some articles have attributed it to a feeling of  “new year, new life”. Others have attributed it to a desire to turn over a… Continue Reading

MEDDLESOME FAMILY MEMBERS AND THEIR ATTORNEYS SANCTIONED FOR INTERFERING WITH SON’S DIVORCE

Posted in Divorce, Practice Issues

Everyone knows that divorce and custody matters can be emotionally charged proceedings that tear away at the very fabric of a particular family.  Many of these cases, as family law practitioners know well, also involve family members who are willing to do whatever it takes to fight for and protect the interests of a divorcing son, daughter,… Continue Reading

THERE ARE RULES IN THE FAMILY PART? WHAT YOU TALKIN’ ABOUT WILLIS?

Posted in Divorce, Practice Issues

Oftentimes, and with good reason, attorneys proclaim that family law litigation is akin to litigating in the proverbial “wild west”, where anything goes and rules mean little more to practicing attorneys than the paper on which they are written.  This appears to be even more so in the “non-dissolution” part (non-married couples embroiled in custody… Continue Reading

TRIAL COURT FOUND TO HAVE DENIED DUE PROCESS RIGHTS TO PRO SE LITIGANT IN DOMESTIC VIOLENCE MATTER

Posted in Domestic Violence, Practice Issues

Law is never easy.  Practicing law can be even less so.  How about going it on your own without an attorney?  Not everyone may know that a “pro se” litigant acting on his or her own behalf is expected to know all of the rules and law that apply to their given case.  However, going through the process… Continue Reading